Celebrating 22 years in Legal Practice
Stay connected with Navado:

The offence of malicious damage of property occurs when a person intentionally or recklessly destroys or damages property belonging to another person. A person engaged in such an offence will face a maximum penalty of imprisonment for five (5) years. Where the malicious damage of property was caused by fire or explosives, the person will face a maximum penalty of imprisonment for ten (10) years. The penalties increase depending on whether:

  • The malicious damage was caused with one or more other persons; or
  • The malicious damage was caused during a public disorder.

Each case of malicious damage can be different based on the circumstances and this will affect the likely penalty. Our Criminal Lawyers have extensive experience and have represented many clients in Court, in both defended and non-defended matters involving malicious damage of property charges and can provide you with expert advice and ensure you receive the very best legal representation in Court. 

Where the value of the damaged property does not exceed the value of $5000, the case will be heard in the Local Court, provided the prosecution does not elect to have the matter heard in the District Court.

If the value of the damaged property exceeds $5000, either the defendant or the prosecution can elect to have the case heard in the District Court. If no election is made, the case will be heard by the Local Court.

To prove an offence of malicious damage of property, the prosecution will need to show, beyond reasonable doubt:

  • That the defendant was the cause for the destruction of the property;
  • That the property did not belong to the defendant; and
  • That the destruction of the property was malicious.

You should obtain legal advice to understand your rights and the consequences of pleading guilty or pleading not guilty to an offence of malicious damage of property. Our Criminal Solicitors are highly experienced in the area of malicious damage of property and will analyse your case on its own circumstances and provide you with the necessary legal advice or representation in Court. We have acted for and appeared in Court for many defendants that have been charged with malicious damage to property offences. Contact our firm on (02) 9233 4048 or send an email to info@navado.com.au to book a consultation.  

Bookmark and Share

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

Sorry, but no Articles are available at this time.

Sorry, but no FAQs are available at this time.

If you require assistance with a Criminal matter, you should make an appointment to see one of our Lawyers in one of the following locations:

  • Sydney

Our Locations

  • Criminal Lawyer Sydney
  • Criminal Lawyer Parramatta
  • Criminal Lawyer North Sydney
  • Criminal Lawyer Rockdale
  • Criminal Lawyer Liverpool
  • Criminal Lawyer Gordon
  • Criminal Lawyer Baulkham Hills
  • Criminal Lawyer Campbelltown
  • Criminal Lawyer Bondi Junction
  • Criminal Lawyer Chatswood
  • Criminal Lawyer Miranda
  • Criminal Lawyer Bella Vista
  • Criminal Lawyer Erina
Quick enquiry
  • Request an appointment
Stay connected
Ask an expert